Law of Obligations: Concept and Elements of an Obligation · Definition and Structure
What a legal obligation is, who its parties are, what its performance must be, and how it differs from property rights and moral duties.
For learning, not legal advice: for your own case, ask a lawyer.
Try 3 questions
1. The classic Roman definition in Justinian's Institutes describes an obligation as what?
- A legal bond compelling someone to perform
- A right of ownership over a thing
- A moral duty owed to the community
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Answer: A legal bond compelling someone to perform
The Institutes call it 'iuris vinculum', a bond of law by which we are bound by necessity to perform something, a definition still taught today.
2. A lender's right to be repaid differs from an owner's right over a car because the lender's right can be enforced against whom?
- Anyone who now holds the money
- Only the specific debtor
- Everyone, just like ownership
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Answer: Only the specific debtor
A credit is a personal right tied to a particular debtor, while a real right such as ownership is enforceable against everyone (erga omnes).
3. Classical doctrine breaks every obligation into which three elements?
- Offer, acceptance and consideration
- Fault, damage and causation
- Parties, performance and legal bond
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Answer: Parties, performance and legal bond
An obligation needs subjects (creditor and debtor), an object (the performance owed) and the legal bond linking them; the other lists belong to contract formation and tort.
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